Bharatiya Nagarik Suraksha Sanhita, 2023
Section 19
Assistant Public Prosecutors
(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.
(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government: Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—
(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
(b) is below the rank of Inspector.
Why this exists
Criminal trials work fairly only when the person investigating a crime is different from the person arguing the case in court, so the prosecutor can independently assess evidence rather than simply defend the police's version. This provision (continuing the scheme earlier found in Section 25 of the Code of Criminal Procedure, 1973) ensures every district has dedicated prosecutors for magistrate-level cases, lets the Centre step in for cases involving central subjects, and gives district magistrates a safety valve to appoint a substitute prosecutor in urgent situations — while still requiring transparency (notice to the state) and safeguards against conflicts of interest or under-qualified police officers acting as prosecutors.
How courts read it
Since the Bharatiya Nagarik Suraksha Sanhita, 2023 is a recent enactment replacing the Code of Criminal Procedure, 1973, there is no settled body of case law interpreting this exact section yet. However, courts interpreting the analogous older provision consistently emphasized that separating the roles of investigator and prosecutor is essential to a fair trial, and that appointments of substitute prosecutors must strictly follow the procedural safeguards (such as notice requirements) built into the law.
Common misconceptions
- Myth: Any police officer can be made an Assistant Public Prosecutor if the court is short-staffed.
Fact: The law bans police officers who investigated the case, and also bans anyone below the rank of Inspector, from being appointed as APP. - Myth: A District Magistrate can appoint a substitute prosecutor instantly without telling anyone.
Fact: The District Magistrate must give the State Government 14 days' notice before appointing a substitute Assistant Public Prosecutor for a case.